[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Notices]
[Pages 18190-18191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10062]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-01; Notice 2]


Decision That Nonconforming 1991 Volkswagen GTI (Canadian) 
Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1991 Volkswagen 
GTI (Canadian) passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1991 
Volkswagen GTI (Canadian) passenger cars not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards are 
eligible for importation into the United States because they are 
substantially similar to a vehicle originally manufactured for 
importation into and sale in the United States and certified by its 
manufacturer as complying with the safety standards (the 1991 
Volkswagen Golf GTI), and they are capable of being readily altered to 
conform to the standards.

DATES: This decision is effective as of April 24, 1996.

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i) of 
the National Traffic and Motor Vehicle Safety Act (the Act)), a motor 
vehicle that was not originally manufactured to conform to all 
applicable Federal motor vehicle safety standards shall be refused 
admission into the United States unless NHTSA has decided that the 
motor vehicle is substantially similar to a motor vehicle originally 
manufactured for importation into and sale in the United States, 
certified under 49 U.S.C. 30115 (formerly section 114 of the Act), and 
of the same model year as the model of the motor vehicle to be 
compared, and is capable of being readily altered to conform to all 
applicable Federal motor vehicle safety standards.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice 
in the Federal Register of each petition that it receives, and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides, on the basis of the 
petition and any comments that it has received, whether the vehicle is 
eligible for importation. The agency then publishes this decision in 
the Federal Register.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'') 
(Registered Importer R-90-009) petitioned NHTSA to decide whether 1991 
Volkswagen GTI (Canadian) passenger cars are eligible for importation 
into the United States. NHTSA published notice of the petition on 
January 23, 1996 (61 FR 1816) to afford an opportunity for public 
comment. The notice identified the vehicle that is the subject of the 
petition as the ``1991 Volkswagen Golf GT.'' In its comments responding 
to the notice, a representative of Volkswagen, the vehicle's 
manufacturer, stated that the vehicle identification number (VIN) 
assigned to the specific vehicle that the petitioner seeks to import 
identifies that vehicle as a 1991 Volkswagen GTI manufactured in Mexico 
for the Canadian market. After being apprised of this comment, the 
petitioner acknowledged that the petition was in error, and that the 
manufacturer's representative properly identified the vehicle. In view 
of this correction, this notice describes the petition as pertaining to 
a 1991 Volkswagen GTI (Canadian).
    The notice of petition identified the vehicle that Champagne claims 
to be substantially similar to the subject vehicle as the version of 
the 1991 Volkswagen Golf GT that was manufactured for importation into 
and sale in the United States and certified by its manufacturer, 
Volkswagenwerke A.G., as conforming to all applicable Federal motor 
vehicle safety standards. After reviewing the manufacturer's comments, 
Champagne informed NHTSA that the comparison vehicle is properly 
identified as the ``1991 Volkswagen Golf GTI.'' This notice will use 
that designation in referring to the comparison vehicle. As noted in 
the notice of petition, the petitioner claimed that it had carefully 
compared the two vehicles, and found them to be substantially similar 
with respect to compliance with most applicable Federal motor vehicle 
safety standards.
    Specifically, the petitioner claimed that the Volkswagen GTI 
(Canadian) is identical to the 1991 Volkswagen Golf GTL with respect to 
compliance with Standard Nos. 102 Transmission Shift Lever Sequence . . 
. ., 103 Defrosting and Defogging Systems, 104 Windshield Wiping and 
Washing Systems, 105 Hydraulic Brake Systems, 106 Brake Hoses, 107 
Reflecting Surfaces, 108 Lamps, Reflective Devices, and Associated 
Equipment, 109 New Pneumatic Tires, 110 Tire Selection and Rims, 111 
Rearview Mirrors, 113 Hood Latch Systems, 114 Theft Protection, 115 
Vehicle Identification Number, 116 Brake Fluid, 124 Accelerator Control 
Systems, 201 Occupant Protection in Interior Impact, 202 Head 
Restraints, 203 Impact Protection for the Driver From the Steering 
Control System, 204 Steering Control Rearward Displacement, 205 Glazing 
Materials, 206 Door Locks and Door Retention Components, 207 Seating 
Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 
211 Wheel Nuts, Wheel Discs and Hubcaps, 212 Windshield Retention, 214 
Side Door Strength, 216 Roof Crush Resistance, 219 Windshield Zone 
Intrusion, 301 Fuel System Integrity, and 302 Flammability of Interior 
Materials.
    Additionally, the petitioner stated that the 1991 Volkswagen GTI 
(Canadian) complies with the Bumper Standard found in 49 CFR Part 581.
    Petitioner also contended that the vehicle is capable of being 
readily modified to meet the following standards, in the manner 
indicated:
    Standard No. 101  Controls and Displays: (a) substitution of a lens 
marked ``Brake'' for a lens with an ECE symbol on the brake failure 
indicator lamp; (b) replacement of the speedometer/odometer assembly 
with a U.S.-model component.
    Standard No. 208  Occupant Crash Protection: (a) installation of 
U.S.-model lap belts in the driver's and front passenger's seating 
positions; (b) installation of U.S.- model automatic shoulder 
restraints in the driver's and front passenger's seating positions. The 
petitioner stated that the rear outboard designated seating positions 
are equipped with combination lap and shoulder restraints that release 
by means of a single push button.
    One comment was received in response to the notice of petition, 
from Volkswagen of America, Inc. (``Volkswagen''), the United States 
representative of Volkswagen AG, the vehicle's manufacturer. In 
addition to these companies, the comment was submitted on behalf of 
Volkswagen de Mexico. In its comment, Volkswagen stated that in order 
to conform the 1991 Volkswagen GTI (Canadian) to the requirements of 
Standard No. 101, the instrument cluster would have to be

[[Page 18191]]

replaced to convert the speedometer and odometer assembly and the brake 
warning light lens would have to be corrected to show the word 
``BRAKE.'' Volkswagen also stated that the 1991 Volkswagen GTI 
(Canadian) is equipped with daytime running lights that Standard 108 
only requires on vehicles manufactured after February 10, 1993.
    Volkswagen further stated that the 1991 Volkswagen GTI (Canadian) 
would have to be equipped with a door-mounted automatic shoulder belt 
system to comply with Standard 208. Volkswagen additionally observed 
that manual lap belts would have to be installed in the 1991 Volkswagen 
GTI (Canadian) so that it is equivalent to its U.S. certified 
counterpart. Volkswagen contended that these modifications would 
require removal of the existing seats and their replacement with seats 
and lap belt assemblies used in U.S.-model vehicles. Volkswagen also 
stated that a knee bolster would have to be added to the 1991 
Volkswagen GTI (Canadian) as part of the passive restraint system that 
would have to be installed, and that this modification would require 
removal and replacement of the console assembly.
    Volkswagen concluded by emphasizing that its comments pertain only 
to the version of the 1991 Volkswagen GTI that was manufactured for the 
Canadian market, and that other versions of the vehicle manufactured 
for the European and other markets may have structural differences and 
different bumper systems that would require other modifications to 
comply with U.S. requirements. Consequently, Volkswagen stressed that 
if the petition is granted, that grant should be limited to vehicles 
manufactured for the Canadian market.
    NHTSA accorded Champagne an opportunity to respond to Volkswagen's 
comments. In its response, Champagne stated that the petition addressed 
the Standard 101 compliance issues that were raised by Volkswagen. 
Champagne also observed that the presence of running lights on the 1991 
Volkswagen GTI (Canadian) does not affect the vehicle's compliance with 
the requirements of Standard 108 that pertain to that model year. 
Champagne also noted that the petition addressed the need for an 
automatic restraint system and manual lap belts to be installed in the 
1991 Volkswagen GTI (Canadian). Champagne stated that a knee bolster 
with a U.S.-model part number would be installed as part of the 
automatic restraint system. Champagne contended that the installation 
of manual lap belts does not require replacement of the entire seat, as 
the belts will have attachment points to the seat rails in the same 
manner as U.S. certified models.
    NHTSA has reviewed each of the issues that Volkswagen has raised 
regarding Champagne's petition. NHTSA believes that Champagne's 
responses adequately address each of those issues. NHTSA further notes 
that the modifications described by Champagne have been performed with 
relative ease on thousands of nonconforming vehicles imported over the 
years, and would not preclude the non-U.S. certified 1991 Volkswagen 
GTI (Canadian) from being found ``capable of being readily modified to 
comply with all Federal motor vehicle safety standards.''
    NHTSA has accordingly decided to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VSP-149 is the vehicle eligibility number assigned to vehicles 
admissible under this decision.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that a 1991 Volkswagen GTI (Canadian) not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards is 
substantially similar to a 1991 Volkswagen Golf GTI originally 
manufactured for importation into and sale in the United States and 
certified under 49 U.S.C. 30115, and is capable of being readily 
altered to conform to all applicable Federal motor vehicle safety 
standards.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: April 18, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-10062 Filed 4-23-96; 8:45 am]
BILLING CODE 4910-59-P